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(영문) 울산지방법원 2019.12.05 2019구단696
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On August 16, 1985, the Plaintiff joined B Co., Ltd., and moved to a safety public affairs team, which is a non-noise department, on May 10, 2013, after serving for 28 years in the payload, which was a ship building noise department, and thereafter, on June 26, 2017, the Plaintiff was diagnosed by C Non-Astro-Madroposium, and claimed disability benefits for the above disease on June 29, 2017.

As a result of the review of the Integrated Disability Review Committee, the Defendant’s original disposition rendered a disposition of disability benefit site pay (hereinafter “instant disposition”) according to the opinion that “the noise level difficulty is not included in the noise level column” (hereinafter “the instant disposition”).

The plaintiff, as a pre-trial procedure for the disposition of this case, filed a request for review with the defendant Corporation and the Industrial Accident Compensation Insurance Reexamination Committee, but all of it was dismissed.

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 2, 4, Eul evidence Nos. 1, 2, 3, 8, and 9, and the plaintiff’s assertion of the purport of the whole pleadings as to the purport of the whole pleadings, since the average of six minutes of law is 78.3dB, and 60.8dB by the left-hand, the disability grade under Article 10.7 of the Industrial Accident Compensation Insurance Act should be set according to the Industrial Accident Compensation Insurance Act, but the disposition of this case, which was made on a different premise, should be revoked.

It shall be as shown in the attached Form of the relevant statutes.

The legality of the instant disposition is the Plaintiff’s work experience and the details of work experience in the workplace name as a result of the noise measurement (ju), from August 16, 1985 to May 9, 2013, to May 10, 2013, to January 1, 2018, the Safety Public Affairs Team (Non-noise Department) Plaintiff’s work experience from May 10, 2013 to January 1, 2018 during the second half of the year 2012, the first half of the year 2011, the second half of the year 2011, from 87.0dB 87.0dB 86.9dB 9dB 95dB 95.2dB 92dB 93.5dB 93.2d 94(noise) of 2017.3 to 25.27.4.7. 2017.

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